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INDONESIA
Jurnal HAM
Published by Badan Strategi Kebijakan Hukum, Kementerian Hukum Republik Indonesia
ISSN : 16938704     EISSN : 25798553     DOI : https://doi.org/10.30641/ham
Core Subject :
Focus and Scope Given that the study of human rights involves many scientific elements that are interdisciplinary in nature, Jurnal HAM accepts submissions of scientific articles discussing human rights in Indonesia and beyond from the lens of, but not limited to, legal studies, social sciences, politics, languages, international relations to communication. The scope of human rights writing covers two aspects, namely Civil and Political Rights and Economic, Social and Cultural Rights, with the scope of study areas such as: Case studies on human rights issues; Regulation and protection of human rights; Economic, social and cultural rights; Civil and political rights; National and international human rights policies; Human rights in law enforcement; Business and human rights; Institutions and institutionalization of human rights. The study areas mentioned above are not an exhaustive list of studies on human rights. For this reason, the Jurnal HAM remains open for manuscripts with objects to be analyzed related to human rights.
Arjuna Subject : -
Articles 259 Documents
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Menuntut Hak Atas Kota Baru: Klaim (Kembali) Lahan oleh Petani di New Clark City Jerome Christopher Samson Flores
Jurnal HAM Vol 15 No 2 (2024): Edisi Agustus
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.85-94

Abstract

New cities, often designed as development strategies, cause dispossession, displacement, and disruption of everyday lives of local communities. To further explore the effects of new cities and urban development in the Global South, this study explores the realities of farmers whose homes and livelihoods are affected by the construction of New Clark City in the Philippines. Employing the concept of the right to the city by Henri Lefebvre, this study delves into the farmers' agency in reclaiming space in the city being built on their rice fields. Through qualitative research methods, including interviews and participant observation, the study elucidates the strategies employed by farmers to assert their right to New Clark City. Highlighting that (re)claiming of space by the farmers is motivated by their need to make a living and provide for their families, the study builds on the understanding of the right to the city as the right of the inhabitants to shape their environment and manage their resources. Although the right to the city heavily depends upon the collective power to reshape the process of urbanization, the article argues that it can also be asserted through individual and unorganized actions.
Perdamaian dan Hak Asasi Manusia di Sri Lanka: Perjuangan Masyarakat Marjinal dalam Mengadvokasi Keadilan Scott Robert Hearnden
Jurnal HAM Vol 15 No 2 (2024): Edisi Agustus
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.95-110

Abstract

Peace and human rights serve as a check on the dominant or majoritarian culture. An absence of human rights is conducive to weak democratic forms, unequal social and political relations, marginalisation, oppression and, in some cases, criminalisation of communities. Such a scenario can be found in Sri Lanka. This paper expands upon a principal research project which found that the marginalisation of participants arose from aspects of their particular identities, including diverse sexualities and genders, races, ethnicities, religions and youth. The principal research was informed by intersectionality, social interactionism, interviews and interpretative phenomenological analysis. This paper was composed out of the research results and was further structured by literature review. People's marginalisation, oppression and exclusion are related directly to the absence of peace and human rights manifested through injustices and structural barriers that frustrated social and political participation.
Komunitas Marjinal Keturunan Indonesia di Malaysia: Dampak Keterbatasan Akses Pendidikan Tinggi Zuraidah Mohd Amin
Jurnal HAM Vol 16 No 1 (2025): Edisi April
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.11-24

Abstract

Education is one of the crucial elements needed in order to create a better nation. However, in reality, access to education is not equally accessible to all children regardless of their background. Specifically, the case of children of Indonesian immigrants in Malaysia has been impacted, as the privilege of tertiary education has been limited since the implementation of the Malaysia's New Economic Policy in 1971. The children of Indonesian immigrants are born in Malaysia and granted Malaysian citizenship under certain terms and conditions but are not classified as a group of aboriginal people. This condition leads to the question of how far the limitation of education access impacts the long-term socio-economic status towards these children. Thus, this paper analyzed the impact on the socio-economic status of children of Indonesian immigrants in Malaysia by conducting in-depth interviews with ten informants who are facing a similar situation and who were selected from states with a high concentration of Indonesian immigrants to observe their significant impacts. Additionally, an in-deep analysis of the series of development policies introduced by the Malaysian government will be conducted in the discussion. The findings show that these limitations have a significant impact on their long-term socio-economic mobility. Furthermore, an analysis of Malaysia's development policies reveals that the ethnicity-based quota system remains a major obstacle to accessing tertiary education for this group. This paper contributes to a continuous debate on the rights of education, citizenship, and socio-economic changes among the children of Indonesian immigrants in Malaysia. More inclusive policies are needed to ensure fairer access to higher education.
Model Aksi Afirmatif Pemenuhan Hak Masyarakat Adat di Kawasan Ibu Kota Nusantara (IKN) Haris Retno Susmiyati; Grizelda Grizelda; Wiwik Harjanti; Alfian Alfian; Aryo Subroto
Jurnal HAM Vol 15 No 3 (2024): Edisi Desember
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.219-238

Abstract

The decision to build a new capital on the Kalimantan Island called Nusantara caused various conflicts, such as the neglect and marginalization of indigenous peoples and the ignoring of their certainty of access and meaningful participation. This paper explains how the substance of the Nusantara Capital development regulation is to provide full protection to Indigenous peoples or vice versa, how it impacts the protection of Indigenous people's rights, as well as how the affirmative action model fulfills the rights of Indigenous peoples in the Nusantara Capital area. Through a socio-legal approach as the method, the results of the study found that the constitution has regulated the recognition of indigenous peoples, but in the substance of regulations related to the Nusantara capital, the phrases that regulate are very weak. The phrases used do not explicitly ensure the protection of the rights of indigenous peoples, which has an impact on various neglect of the existence of indigenous peoples. As a result, a model of affirmative action is needed for indigenous peoples in the regulation of the Nusantara capital. This includes ensuring access for indigenous peoples to be involved in policymaking. Furthermore, transparency of information in the development of the Nusantara capital is important to formulate policies that accommodate the protection and fulfillment of the rights of indigenous peoples. It is important to ensure the recognition of indigenous peoples and their living space through an affirmative action model regulated by the head of the Nusantara capital authority. 
Remisi hukuman dan konstitusionalitas hukuman penjara seumur hidup di Seychelles Jamil Ddamulira Mujuzi
Jurnal HAM Vol 15 No 1 (2024): Edisi April
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.63-84

Abstract

This article critically examines the legal framework surrounding life imprisonment in Seychelles, particularly in light of recent legislative and judicial developments. Historically, Seychelles' legal landscape allowed for the remittance of sentences for all prisoners except those serving life terms or convicted of severe drug offenses. Prior to 2021, ambiguity existed regarding whether life imprisonment necessitated incarceration for the entirety of an offender's life, leading to varied interpretations and inconsistent practices wherein some individuals were released after 15 to 20 years of imprisonment. This uncertainty was addressed by an important decision of the Seychelles Court of Appeal, which asserted that life imprisonment should indeed mean incarceration for the remainder of the convict's natural life. Subsequently, legislative amendments in 2021 codified this understanding within the Criminal Procedure Code, expressly defining life imprisonment as confinement for the duration of the offender's life. However, the article argues that such a statutory definition and practice may contravene fundamental human rights principles, particularly concerning human dignity and protection from inhuman or degrading treatment. Drawing on comparative jurisprudence from various African jurisdictions, decisions of the European Court of Human Rights, and standards articulated by international human rights bodies, the author contends that indefinite life imprisonment without the prospect of release violates prisoners' rights enshrined in international law. Furthermore, the author invokes the drafting history of Article 10(3) of the International Covenant on Civil and Political Rights (ICCPR), emphasizing that the intent behind the provision was to safeguard against overly punitive sentences that deny any possibility of rehabilitation or eventual release. This historical context, according to the article, supports the argument that Seychelles' current approach to life imprisonment undermines its obligations under international human rights norms. Moreover, the Constitution of Seychelles grants the President discretionary powers under Article 60 to commute sentences, theoretically enabling the release of individuals sentenced to life imprisonment. This aspect introduces a layer of executive discretion that intersects with constitutional principles and international human rights standards, warranting further examination and critique. In conclusion, the article posits that Seychelles' statutory definition of life imprisonment raises constitutional and human rights concerns, advocating for a reevaluation of current practices in light of international legal standards and principles of justice.
Pendidikan Hak Asasi Manusia dalam Kurikulum "˜Presisi': Studi Sekolah Polisi Negara di Sumatera Utara Fazli Rachman; Majda El Muhtaj; Reh Bungana Beru Perangin-angin; Prayetno Prayetno
Jurnal HAM Vol 15 No 2 (2024): Edisi Agustus
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.111-128

Abstract

This article focuses on the Indonesian Police (Polri) efforts in the realization of human rights-based policing, as well as its articulation in the forming education (pendidikan pembentukan/ DIKTUKBA) of Polri, specifically at the State Police School (Sekolah Polisi Negara/SPN) in North Sumatra, established in 1960-s and one of the oldest SPN in Indonesia. Since 2021, Polri has acknowledged and developed the "˜presisi' curriculum to become a starting point for transformation agenda and, of course, to strive Polri's obligation in the implementation of human rights values, principles and standards in the police functions. The research applied a qualitative approach with a descriptive design. Data collection was employed using documents, FGD, observations and literature relevant to police and human rights issues. Respondents were selected using a purposive sampling technique. Data validation was carried out by extending observations and triangulation and analyzed using the spiral technique. Human rights-based policing through the DIKTUKBA POLRI level at the SPN Poldasu brings the vision of "˜presisi' police through the "˜presisi' curriculum. The "˜presisi' curriculum offers good ways to achieve the transformation of the Polri. However, the increasingly short training period for the DIKTUKBA POLRI represents a challenge to improve human rights-based policing. The challenges affirm the correlation between human rights and policing in a dynamic police workspace. In this context, the instructors's capacity must continuously acquire knowledge and experience. Therefore, collaboration and innovation in using learning models and methods such as group learning, problem-solving, discussion, and active involvement of students can be continuously developed.
Merawat Perjuangan: Politik Kesabaran Perempuan dalam Menuntut Keadilan Lingkungan di Cilacap Miftahul Huda
Jurnal HAM Vol 15 No 2 (2024): Edisi Agustus
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.129-142

Abstract

The PT S2P coal-fired power plant (CFPP) in Cilacap has generated considerable profits for the capitalist country since 2006, while simultaneously causing environmental damage and rendering local communities vulnerable. This paper employs a case study approach to examine the role of women's agency from the Global South in the social movement for environmental justice. It considers how global-local economic and political relations in Cilacap influence this movement. It sought to explain women's agency in claiming the right to a healthy and decent environment by testing the theory of the politics of patience, which located women outside and against state and corporate power. Through ethnography, in-depth interviews, and meetings with activists, public officials, and NGOs, this study depicted women as political actors in the face of the negative impacts of the state-electricity company nexus. In their struggles, women were confronted with gender stereotypes that were shaped by the state and reinforced by society. These stereotypes prevented women from participating in social movements that demanded their rights. The most important finding was that the nurturing role of women has ensured that the struggle for the right to a healthy and decent environment has lasted longer and has remained outside of and against the state. 
Dua Dekade Kebebasan Akademik di Indonesia: Tantangan di Tengah Menguatnya Otoritarianisme dalam Model Barunya Herlambang Perdana Wiratraman; Satria Unggul Wicaksana Prakasa
Jurnal HAM Vol 15 No 2 (2024): Edisi Agustus
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.143-158

Abstract

This research focuses on analyzing the debates and roles of the academic freedom movement in Indonesia's authoritarian politics. Numbers of scholars argued on the democracy decline and its current situation of authoritarian turn (Mietzner 2016, 2020; Hadiz 2017; Wiratraman 2018; Waburton and Aspinal 2019; and Winters 2021). Authoritarianism governance in recent politics has been worsening situation of free expression, including academic freedom. Recently, one of attacks is connected to cyber-attacks, which has been targeting journalists, academics, activists or students who defend human rights and environment, indigenous leaders, anti-corruption activists, and women's groups. This article discusses first, how has academic freedom at campuses been shaped by Indonesia's the rise of authoritarian politics; and second how academic freedom has been influenced and easily attacked in the rise of digital authoritarianism. By using an interdisciplinary approach, this article argues that there is a strong relation between the threat of academic freedom and the strengthening of authoritarianism in Indonesia, especially by disciplining campuses through a more systematic bureaucratization. While at the same time, academic freedom has been affected by stronger control of authoritarianism regime by deplying cyber troops in digital spheres. Hence, this article also discusses how human rights instruments and its institutions could promote and defend academic freedom in general. 
Identifikasi Tantangan dalam Mewujudkan Kesetaraan Hak Asasi Manusia bagi Penyadang Disabilitas Psikososial di Nepal Bidya Maharjan
Jurnal HAM Vol 15 No 3 (2024): Edisi Desember
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.205-218

Abstract

Nepal is currently facing a severe mental health crisis characterized by a significant prevalence of mental illness that remains largely unaddressed. The issue is exacerbated by pervasive social stigma, lack of awareness, and insufficient political commitment, pushing mental health to the bottom of the political agenda. In Nepal, mental health treatment predominantly focuses on biomedical interventions, mainly ignoring the human rights aspects, highlighting the crucial need for a paradigm shift in approach. The enactment of the Convention on the Rights of Persons with Disabilities (CRPD) on June 6, 2010, presents an opportunity for a transformative shift in Nepal's approach to mental health. This research investigates the barriers within Nepal's rights-based mental health framework, drawing insights from individuals with psychosocial disabilities, their families, policymakers, legal experts, and NGO representatives. It features four case studies that highlight the challenges these individuals face, and the roles played by their families and communities in providing care. The objective is to provide insights into the daily realities of community members in Nepal. In summary, the study highlights the importance of adopting a robust human rights-based approach to quality practice. Such an approach, which fosters trust in engaging individuals with psychosocial disabilities, their families, the community, and mental health service providers, is not merely a theoretical concept but a vital requirement for enhancing mental health practices in Nepal.
Menimbang Prospek Komunikasi Individual HAM: Politik Hukum dan Implikasi Potensial Bagi Indonesia Abdul Munif Ashri; Heribertus Jaka Triyana
Jurnal HAM Vol 15 No 3 (2024): Edisi Desember
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.169-186

Abstract

The individual communications procedure is a vital mechanism in international human rights law that enables victims to seek remedies when domestic legal venues have been exhausted or failed to deliver justice. Although Indonesia has acceded to almost all core international human rights treaties, its individual communications procedures have yet to be accepted. This study investigates the Indonesian Government's human rights legal policy toward individual communications procedures acceptance through the ratification/accession of the ICCPR First Optional Protocol and ICESCR Optional Protocol, as well as analyzes the potential implications of such acceptance. This study utilizes a normative legal methodology coupled with interdisciplinary and conceptual approaches. In addition to analyzing legal materials, interviews were conducted with scholars, NGO activist, victim, and former Commissioner of Indonesia's National Human Rights Commission to deepen the analysis. The findings reveal the Government's lack of political will to accept individual communications procedures due to a tendency to avoid adjudicatory human rights accountability mechanisms and the avoidance of possible compliance costs, such as financial, reputational, and political burdens. Furthermore, this study demonstrates that these procedures' acceptance has potential implications for opening access to justice for victims, providing strategic litigation channels, and facilitating interaction between treaty bodies and the national judiciary regarding the development of interpretations of human rights through judicial dialogue. The Government should consider ratifying/acceding the ICCPR and ICESCR Optional Protocols to strengthen the domestic human rights protection infrastructure and enhance its reputation as a promoter of human rights.

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